Must
I Have an Employment Letter for the EB1-Extraordinary Ability Petition

Dr. William:

I
did the
self petition for my EB1-Extraordinary Ability several months ago. Now, I
got a letter from USCIS asking about the employment
letter. I just do not know what
job description should be in the employment letter for my case of EB1-Extraordinary
Ability petition, or even I must have an employment
letter for the EB1-Extraordinary
Ability case, or the job description should be
different from the one in my H-1B application.

Answer:

According to the Law, the people applying for the EB1-Extraordinary
Ability do not have toseek
employment in the United States, but they should
come to United States
to continue to work in the area of their extraordinary ability. For
the immigration classification of EB1-Extraordinary
Ability, no
employment offer or Labor Certification are required by law.

For you to
prove to work in the area of your extraordinary ability, your
petition must be accompanied by clear evidence that the alien is coming to the
United States to continue work in the area of expertise. Such evidence may
include letter from prospective employer, evidence of prearranged commitments
such as contracts, or a statement from the beneficiary detailing plans on how he
or she intends to continue his or her work in the United States.